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HomeMy WebLinkAboutCC RES 06-26 RESOLUTION NO. 06-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE PARCEL MAP 2005-240 TO CREATE A PARCEL FOR CONDOMINIUM PURPOSES AND MULTIPLE SUITES WITHIN AN EXISTING TWO- STORY OFFICE BUILDING LOCATED AT 2552 WALNUT AVENUE The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Tentative Parcel Map No. 2005-240 was submitted by Gary Levinski on behalf of Pacific Pointe Partners, LLC requesting approval to create a condominium office complex within an existing two-story office building located at 2552 Walnut Avenue; B. That on February 13, 2006, the Planning Commission adopted Resolution No. 4015 recommending that the City Council approve Tentative Parcel Map 2005-240; C. That a public hearing was duly called, noticed, and held for said map on February 21,2006, by the City Council; D. That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Planned Community Commercial/Business and Planned Community Industrial (PC-IND) Zoning District in that these designations provide for the development of office, research and development, and warehouse uses; E. As conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code); F. That the site is physically suitable for the type and density of development proposed; G. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems; H. That the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; and, Resolution No. 06-26 Page 1 018 I. The parcel map is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The City Council hereby approves Tentative Parcel Map 2005-240 to create a condominium office building on a 2.176 acre parcel developed with a 33,669 square foot two-story office building, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 21st day of February 2006. ATTEST: -vfQ X1 r£P, ~ PAMELA STOKER, City Clerk Resolution No. 06-26 Page 2 018 STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 06-26 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day of February, 2006 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: DAVERT, HAGEN, AMANTE, BONE, KAWASHIMA NON!': (5) (0) (0) (9) NONE NONE ~..~ PAMELA STOKER, City Clerk Resolution No. 06-26 Page 3 of 8 GENERAL (1) (1) (1) 1.3 EXHIBIT A RESOLUTION NO. 06.26 TENTATIVE PARCEL MAP 2005.240 CONDITIONS OF APPROVAL 1.1 The proposed Project shall substantially conform with the submitted improvement plans on file, and the Tentative Parcel Map 2005-240, dated February 21, 2006, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. 1.2 Approval of Tentative Parcel Map 2005.240 is contingent upon the applicant returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" fonnn. The forms shail be established by the Director of Community Development, and evidence of recordation shail be provided to the Community Development Department. As a condition of approval of Tentative Parcel Map 2005-240, the applicant shail agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third-party against the City, its officers, agents, and employees, which seeks to attack, set aside. chailenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDmON (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW EXCEPTION Resolution No. 06-26 Page 4 of 8 (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 06-26 TPM 2005-240 Page 2 (1) (1) 1.4 Within twenty-four (24) months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code. the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. 1.5 The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. PLANNING/ BUILDING (3) 2.1 (*) 2.2 (*) The development plans for the office complex shall meet all the requirements of the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Within the visibility triangles as shown on the tentative parcel map only ground cover should be installed and all other landscaping and all signs within these areas removed. The 123 parking spaces are allocated among all suites based on ninety (90) percent office use and ten (10) percent storage use. All parking shall be shared among all suites and there shall be no assigned parking spaces. PUBLIC WORKS DEPARTMENT 2.3 (1) 3.1 (1) 3.2 (1) 3.3 (1) 3.4 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies. Owner's execution of a subdivision/monumentation agreement and furnishing the improvementlmonumentation bonds as required by the City Engineer prior to recordation of the final map will be required. Preparation and recordation of a final subdivision map will be required. In addition to the normal full-size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, Resolution No. 06-26 Page 5 of 8 Exhibit A Resolution No. 06-26 TPM 2005-240 Page 3 (1) 3.5 (1) 3.6 right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 2000 or Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. Current Federal Americans with Disabilities (ADA) requirements shall be met at the drive aprons, pedestrian walkway and curb ramps. COVENANTS. CONDITIONS. AND RESTRICTIONS (CC&Rs) (1) 4.1 Resolution No. 06-26 Page 6 of 8 Prior to recordation of the final map all organizational documents for the project including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and the City Attorney's Office and recorded with County Recorder's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation. At a minimum, the following items shall be included: A. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions. However, the City shall not be obligated to enforce the CC&Rs. B. The requirement that association bylaws be established. C. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. Exhibit A Resolution No. 06-26 TPM 2005-240 Page 4 G. 1. All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2. All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks; pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. D. Membership in the association shall be inseparable from ownership in individual units. E. Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code and the Planned Community Industrial zoning district. F. Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, loading and unloading activities, etc. The CC&Rs shall include provisions that are consistent with the requirements of the existing CC&Rs recorded on June 14, 1985, for the five building office complex. Resolution No. 06-26 Page 7 of 8 Exhibit A Resolution No. 06-26 TPM 2005.240 Page 5 ORANGE COUNTY FIRE AUTHORITY (5) 5.1 FEES (1) 6.1 (1) 6.2 Resolution No. 06-26 Page 8 of 8 Prior to recordation of Final Parcel Map 2005-240, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of forty- three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental detennnination under the provisions of the California Environmental Quality Act could be significantly lengthened. The applicant shall reimburse the City of Tustin for the actual cost incurred to the City by the City Attorney and/or Special Counsel service for review of the CC&Rs per City Council Resolution 05-99.